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U.S. v. BAXTER HEALTHCARE CORP.

No. 88 C 3636.

712 F.Supp. 1352 (1989)

UNITED STATES of America, Plaintiff, v. BAXTER HEALTHCARE CORP., a corporation, Defendant, and Glaxo Specialties Inc., a corporation, Intervenor-Defendant.

United States District Court, N.D. Illinois, E.D.

May 16, 1989.

Attorney(s) appearing for the Case

Anton R. Valukas, U.S. Atty., and Frederick H. Branding, Asst. U.S. Atty., Chicago, Ill., for plaintiff.

George M. Burditt and Steven M. Kowal, Burditt, Bowles, Radzius & Ruberry, Ltd., Thomas P. Sullivan and William A. Von-Hoene, Jr., Jenner & Block, Chicago, Ill., and Paul M. Hyman, Hyman, Phelps & McNamara, P.C., Washington, D.C., for defendants.

MEMORANDUM OPINION1

BRIAN BARNETT DUFF, District Judge.

The federal Food, Drug, and Cosmetic Act, as amended, 21 U.S.C. §§ 321 et seq. (1982), has one overriding purpose: protecting the public health. See United States v. Bacto-Unidisk, 394 U.S. 784, 798, 89 S.Ct. 1410, 1418, 22 L.Ed.2d 726 (1969). To that end, Congress has enacted laws and the federal Food and Drug Administration...

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